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HomeMy WebLinkAboutG109-06 Ordinance No. G109-06 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO PERMIT THE ESTABLISHMENT AND OPERATION OF AN EMERGENCY SHELTER (1730 Berkley, Units A and B) WHEREAS, written application has been made for a conditional use for a planned development which will allow for the establishment and operation of an emergency shelter within the GI General Industrial District at1730 Berkley, Unit A and B; and WHEREAS, the Zoning and Subdivision Hearing Board conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Zoning and Subdivision Hearing Board. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated November 1, 2006, made by the Zoning and Subdivision Hearing Board, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a conditional use for a planned development which will allow for the establishment and operation of an emergency shelter within the GI General Industrial District at 1730 Berkley, UnitsA and B and legally described as follows: The west 304.68 feet (except the east 152.99 feet) measured at right angles to the west line thereof of Lot 3 in block B of Burnidge Bros. Industrial Park blocks A and B of Unit No. 1, according to the plat thereof recorded December 13, 1963 as Document No. 1014426, in the City of Elgin, Kane County, Illinois (property commonly known as 1730 Berkley Street, Units A and B). be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Statement of Purpose and Conformance, prepared by Pat Yauch, dated September 29, 2006. 2. Substantial conformance with the PADS, Shower Room Renovation plan, submitted by Pat Yauch, dated September 29, 2006. 3. Compliance with all other applicable codes and ordinances. r Section 3. That the conditional use granted herein shall expire if not established within two years from the date of passage of this ordinance. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. Ed Schock, Mayor Presented: December 20, 2006 Passed: December 20, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: December 21, 2006 Published: Attest: Dolonna Mecum, City Clerk r r November 1, 2006 •. FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin, Illinois Consideration of Petition 105-06 Requesting a Conditional Use for a Planned Development in the GI General Industrial District, to Permit the Establishment of an Emergency Shelter; Property located at1730 Berkley Street, Units A and B, by Public Action to Deliver Shelter (PADS) of Elgin, as Applicant, and Keith Kellenberger, as Owner. GENERAL INFORMATION Requested Action: Conditional Use for a Planned Development Current Zoning: GI General Industrial District Existing Use: Vacant Space Property Location: 1730 Berkley Street, Units A and B Applicant: Public Action to Deliver Shelter(P.A.D.S.) of Elgin Owner: Keith Kellenberger Staff Coordinator: Janice Ward, Senior Planner LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) D. Aerial Photo (see attached) E. Environmental Map (see attached) F. Site Photos (see attached) G. Statement of Purpose and Conformance (see attached) H. Floor Plan and PADS Shower Renovation Plan (see attached) EXHIBIT A Findings of Fact Zoning and Subdivision Hearing Board Petition 105-06 November 1, 2006 I. Draft Conditional Use Ordinance (see attached) J. Standards for Conditional Use for a Planned Development (see attached) BACKGROUND An application has been filed by Public Action to Deliver Shelter (PADS) of Elgin requesting a conditional use for a planned development in the GI General Industrial District, to permit the establishment of an emergency shelter. The property is located at1730 Berkley Street,Units A and B. The applicant proposes to establish and operate a permanent, year-round, overnight emergency shelter and will also offer programs that assist with temporary and permanent housing,food,clothing and employment. PADS will lease 10,803 square feet in an existing industrial building and will offer dormitory style sleeping rooms for men, women, and children; showers, clothing lockers, laundry facilities, and a kitchen; and administrative offices and meeting rooms. The shelter will operate daily from 7 pm to 7 am and has a capacity for 60 guests per night,with volunteers and paid staff on site. (see Exhibits G and H). Wayside Cross Ministry's staff will rent offices and meeting areas during the day from PADS. Wayside's day services include serving light meals and refreshments,counseling,bible studies and group sessions. GENERAL FINDINGS After due notice, as required by law,the Zoning and Subdivision Hearing Board conducted a public hearing in consideration of Petition 105-06 on November 1 2006. The applicant testified at the public hearing and presented documentary evidence in support of the application. No objectors were present. The Community Development Group submitted a Conditional Use Review dated October 27, 2006. The Zoning and Subdivision Hearing Board has made the following general findings. A. Site Characteristics Standard. The suitability of the subject property for the intended zoning district with respect to its size, shape, significant natural features (including topography, watercourse and vegetation), and existing improvements. Findings. The subject property is suitable for the intended conditional use for a planned development with respect to the site characteristics standard. - 2 - Findings of Fact Zoning and Subdivision Hearing Board Petition 105-06 November 1, 2006 The subject property is a regularly shaped parcel consisting of 1.16 acres. The property currently is improved with a one-story,21,280 square foot commercial building,a parking lot and a loading dock. B. Sewer and Water Standard. The suitability of the subject property for the intended zoning district with respect to the availability of adequate municipal water, wastewater treatment, and storm water control facilities. Findings. The subject property is suitable for the intended conditional use for a planned development with respect to the sewer and water standard. The subject property is served with municipal water,sanitary sewer,and storm water control facilities. C. Traffic and Parking Standard. The suitability of the subject property for the intended zoning district with respect to the provision of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion. Findings. The subject property is suitable for the intended conditional use for a planned development with respect to the traffic and parking standard. The subject property is located along Berkley Street. Berkley is a local street serving the industrial and business park in which the subject property is located. Off-street parking is provided in conformance with the Off-Street Parking Ordinance. D. Zoning History Standard. The suitability of the subject property for the intended zoning district with respect to the length of time the property has remained undeveloped or unused in its current zoning district. Findings. The subject property is suitable for the intended conditional use for a planned development with respect to the length of time the property has remained undeveloped or unused in its current zoning district. 1927: Out of City 1950: Out of City 1960: Out of City 1962: M1 Limited Manufacturing District 1992: M1 Limited Manufacturing District Present: GI General Industrial District The subject property was annexed into the City of Elgin between 1960 and 1969 and zoned M1 Limited Manufacturing District. - 3 - Findings of Fact Zoning and Subdivision Hearing Board Petition 105-06 November 1, 2006 E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the intended zoning district with respect to consistency and compatibility with surrounding land use and zoning. Findings. The subject property is suitable for the intended conditional use for a planned development with respect to consistency and compatibility with surrounding land use and zoning. The subject property is zoned GI General Industrial District. The subject property is located within an existing industrial and business park which primarily consists of office,warehouse, light industrial and trucking uses. F. Trend of Development. The suitability of the subject property for the proposed planned development with respect to its consistency with an existing pattern of development or an identifiable trend of development in the area. Findings: The subject property is suitable for the intended conditional use for a proposed planned development with respect to the trend of development standard. The subject property is located just south of U.S. Route 20. This area of the City has developed with a mix of business, office,light industrial,warehouse, and institutional uses. Elgin Community College is located to the south of the industrial and business park that contains the subject property. The proposed use is suitable for this trend of development. G. Zoning District Standard. The suitability of the subject property for the intended zoning district with respect to conformance to the provisions for the purpose and intent, and the location and size of a zoning district. Findings. The subject property is suitable for the intended conditional use for a planned development with respect to conformance to the provision for the purpose and intent,and the location and size of a zoning district. The purpose of the GI General Industrial District is to provide an alternate industrial environment for those industrial uses that do not require the location or environment of an ORI Office Research Industrial District. While an emergency shelter is not a typical use within an industrial park,the proposed location is conducive to this use as it is located within walking distance to public transportation and major transportation corridors. H. Conditional Use for a Planned Development. The suitability of the subject property for the intended conditional use for a planned development with respect to conformance for the purpose and intent of the planned development. - 4 - Findings of Fact Zoning and Subdivision Hearing Board Petition 105-06 November 1, 2006 No conditional use for a planned development should be granted for the sole purpose of introducing a land use not otherwise permitted on the subject property. The purpose and intent of the provisions for planned developments is to accommodate unique development situations. For planned developments as a conditional use,the planned development should demonstrate the following characteristics: 1. An opportunity to realize a development of demonstrated need with respect to the types of environment available to the public that would not be possible under the strict application of the other chapters of this title. 2. The public benefit realized by the establishment of the planned development is greater than if the property were to remain subject to the standard requirements of the zoning district in which it is located. 3. Extraordinary conditions or limitations governing site design, function, operation, and traffic are imposed on the planned development. Findings: The subject property is suitable for the intended conditional use for a planned development with respect to conformance to the purpose and intent of a conditional use for a planned development standard. The applicant is proposing to lease space within an existing commercial building in order to establish and operate a permanent,year-round,overnight emergency shelter. The shelter will contain sleeping rooms, showers, clothing lockers, laundry facilities, a kitchen, administrative offices and meeting rooms. PADS will provide programs that assist with temporary and permanent housing, food, clothing and employment. Wayside Cross Ministries will provide light meals, counseling,bible studies and group sessions during the day. The applicant has submitted a detailed operating plan that limits the function of the proposed planned development. Additionally,the applicant has provided evidence that this use serves a need which is not provided under the strict application of other chapters of this title. Comprehensive Plan Standard. The suitability of the subject property for the intended zoning district with respect to conformance to the goals, objectives, and policies of the official comprehensive plan. Findings. The subject property is suitable for the intended conditional use for a planned development with respect to the Comprehensive Plan Standard. The subject property is designated as"Employment:Office,Research,Industrial"by the City of Elgin's Comprehensive Plan and Design Guidelines dated 2005. The proposed emergency shelter is appropriate for this property as it is located within an employment center and near transportation corridors. - 5 - • Findings of Fact Zoning and Subdivision Hearing Board Petition 105-06 November 1, 2006 J. Natural Preservation. The suitability of the subject property for the planned development with respect to the preservation of all significant natural features including topography, watercourses, wetlands, and vegetation. Findings: The subject property is suitable for the proposed planned development with regard to the natural preservation standard. There are no significant natural features located on this property. K. Internal Land Use. The suitability of the subject property for the intended planned development with respect to the land uses permitted within the development being located, designed, and operated so as to exercise no undue detrimental influence on each other or on surrounding property. Findings: The subject property is suitable for the proposed planned development with regard to the internal land use standard. The proposed emergency shelter will be regulated by the terms and conditions of the planned development ordinances controlling location, design and operation. The planned development ordinance is intended to prevent undue detrimental influence on the proposed internal land uses and on the surrounding properties. The applicant intends to lease 51%of an existing commercial building. The term of the lease agreement is ten(10)years. The leased space will be configured to provide dormitory style sleeping rooms,showers,clothing lockers,laundry facilities,a kitchen,administrative offices and meeting rooms. The shelter will operate daily from 7 pm to 7 am and has a capacity for 60 guests per night, with volunteers and paid staff on site. Wayside Cross Ministry's staff will rent space during the day from PADS. to provide light meals, counseling,bible studies and group sessions. PADS will coordinate guest transportation options for the shelter. Currently,Pace Suburban Bus routes 546 and 549 operate within the industrial and business park. If additional transportation is needed, services can be obtained from a variety of sources including Senior Services Associates, Elgin-area churches, and Wayside Cross Ministries. SUMMARY OF FINDINGS, UNRESOLVED ISSUES, AND ALTERNATIVES The Zoning and Subdivision Hearing Board has developed or identified the following findings, unresolved issues, and alternatives: r - 6 - Findings of Fact Zoning and Subdivision Hearing Board em- Petition 105-06 November 1, 2006 A. Summary of Findings. 1. Positive Attributes. The subject property is located in an industrial and business park that is zoned GI General Industrial District. This area, located to the south of U.S. Route 20 has developed with a mix of business, office, light industrial, warehouse and institutional uses. Approval of the proposed emergency shelter as a conditional use will allow a permanent facility to provide year-round, overnight emergency shelter and counseling services in an area containing a variety of land uses. 2. Internal Land Use. The proposed emergency shelter will be regulated by the terms and conditions of the planned development ordinances controlling location, design and operation. The planned development ordinance is intended to prevent undue detrimental influence on the proposed internal land uses and on the surrounding properties. The applicant intends to lease 51%of an existing commercial building. The term of the lease agreement is ten(10)years. The leased space will be configured to provide facilities for guest as well as administrative offices and meeting rooms. PADS will coordinate guest transportation options for the shelter. Currently, Pace Suburban Bus routes 546 and 549 operate within the industrial and business park. Additional transportation services can be obtained from a variety of sources including Senior Services Associates, Elgin-area churches, and Wayside Cross Ministries. B. Summary of Unresolved Issues. There are no unresolved issues. C. Summary of Alternatives. Other than an approval,a denial,or an approval with some combination of conditions,there are no substantive alternatives. r - 7 - Findings of Fact Zoning and Subdivision Hearing Board Petition 105-06 November 1, 2006 DECISION On a motion to recommend approval, subject to the following conditions, the vote was four(4)yes and zero (0) no: 1. Substantial conformance with the Statement of Purpose and Conformance,prepared by Pat Yauch, dated September 29, 2006. 2. Substantial conformance with the PADS, Shower Room Renovation plan, submitted by Pat Yauch, dated September 29, 2006. 3. Compliance with all other applicable codes and ordinances. Therefore, the motion to recommend approval was adopted. Respectfully Submitted, r Daniel Weiler, Chairman Pro-Tern Zoning and Subdivision Hearing Board Denise Momodu, Secretary Zoning and Subdivision Hearing Board - 8 -